Barajas-Ruiz

MEMORANDUM **

Antonio Barajas-Ruiz appeals from the 34-month sentence imposed following his guilty-plea conviction for being found in the United States following deportation in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Barajas-Ruiz contends that the district court erred in calculating his sentencing range because it incorrectly applied a 16-level enhancement based on a finding that his 1997 conviction of transportation of controlled substances in violation of California Health & Safety Code § 11352(a) was a drug trafficking offense under U.S.S.G. § 2L1.2(b)(l)(A). This contention has merit.

Here, the district court acknowledged that Barajas-Ruiz pleaded guilty to an amended charge of transportation of heroin and cocaine, which is not a drug trafficking offense, as defined by U.S.S.G. § 2L1.2(b)(l)(A). See United States v. Almazan-Becerra, 456 F.3d 949, 953 (9th Cir.2006) (“Almazan-Becerra specifically pled guilty to transporting drugs, which we have held does not qualify for a drug trafficking enhancement”). The district court, however, found that, based on the large quantity of drugs Barajas-Ruiz possessed at the time of his…